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Unfortunatley, as we have seen before with the 30 hours free childcare, not everything is listed in that case worker and immigration officers guidance.CR001 wrote: ↑Tue Feb 21, 2023 6:27 pmThe document in rhe link below details what is considered public funds/benefits.
https://www.gov.uk/government/publications/public-funds
Only Settled Status on the EUSS gives access to UK public funds.
https://www.citizensadvice.org.uk/benef ... om-the-eu/You might be able to claim benefits if you’re from the EU, European Economic Area (EEA) or Switzerland and you live in the UK. The EEA includes EU countries and also Norway, Iceland and Liechtenstein.
You’ll need to prove different things about your life here for each benefit you apply for. You might need to give evidence that:
you have settled status or the right to claim benefits in the UK - this is called a ‘right to reside’
the UK, Ireland, Channel Islands or Isle of Man is your main home and you plan to stay - this is known as being ‘habitually resident’
you meet other criteria for the benefit you’re claiming - for example you earn less than a certain amount or you’re ill
JB007 wrote: ↑Sat Mar 04, 2023 12:05 pmOnly Settled Status on the EUSS gives access to UK public funds.
For public funds with pre-settled status on the EUSS, they must meet specific requirments to have public funds. Pre-settled status is only limited leave to remain. The court case brought against the UK by two Romanians was lost in the Supreme Court on the back of the case in NI, where the European court said they would be an undue burden on the the UK.
"Undue Burden is part of the Directive. That appears te be how the UK won a case in the European Courts,when the EU took the UK to court for bringing in the "Right to reside" for public funds and as the loser, the EU had to pay all the court costs.
That does change what you stated, which was-
Which was why I replied -
JB007 wrote: ↑Sat Mar 04, 2023 12:05 pmOnly Settled Status on the EUSS gives access to UK public funds.
For public funds with pre-settled status on the EUSS, they must meet specific requirments to have public funds. Pre-settled status is only limited leave to remain. The court case brought against the UK by two Romanians was lost in the Supreme Court on the back of the case in NI, where the European court said they would be an undue burden on the the UK.
"Undue Burden is part of the Directive. That appears te be how the UK won a case in the European Courts,when the EU took the UK to court for bringing in the "Right to reside" for public funds and as the loser, the EU had to pay all the court costs.
[/quote
And in my post straight after that, I quoted citizens advice and gave the link.
Again, you did NOT say that. As can be seen above, you statedAmber wrote: ↑Sun Mar 05, 2023 6:21 pmThe OPs question was whether claiming public funds would impact on their future settled status application, my answer was no, for which I stated “therefore claiming public funds or support isn’t an issue”. You have then proceeded to discuss eligibility to public funds which was not the OPs question nor what my response alluded to. Again so that it is clear for you. The OP wanted to know will claiming public funds affect their future settled status application. My answer was no, because they’re not subject to immigration control, they have no NRPF restriction, and therefore, claiming public funds or support isn’t an issue. Whether they’re entitled to a specific public fund depends on their circumstances, but that was not their question.
That is not correct, as I have already explained above twice (now 3 times). I also gave the link to Citizens Advice, which also confirmed what you stated was NOT true.
It's the government who set out what are Public Funds: just as the government can end any welfare benefit or change the rules for that benefit or/and the amount they will give (as we saw under the Welfare Reform Acts). The relevant benefit agencies implement those rules, except for the local councils who each decide the % given and the cap allowed for the welfare benefit Council Tax Reduction. e.g. One of the welfare benefits HMRC handles( Tax Credit) has now ended, with existing claimants having their claims ended by the end of next year.euspouse07 wrote: ↑Thu Mar 09, 2023 5:09 amThanks , Amber for spelling out so precisely.
I may be repeating the question as I assume that I couldn’t asked properly.
As you said benefits (including training) are subject to the eligibility set out by the DWP.
You are under the Brexit Withdrawal Agreement and are on the EUSS, which is not the same rules as those who have entered under the UK immigration rules. Disabillity that you mentioned, is now called PIP for adults, but claimants must have been in the uK for a set time.euspouse07 wrote: ↑Thu Mar 09, 2023 5:09 amHowever it would be the consequences as the non-eu family members entered as dependents and got BRP issued under the same grounds .
I wonder how the DWP look at the declarations given by the sponsors and the dependents at the initial state where they clearly stated that they would not become the undue burden on the state
I am fully aware people are accessing the NHS without any hesitation which is also funded by the state but claiming monterary help like child benefit/disability/universal credits may fall into different categories
Please shed some light on this .
I should have added that those EEA citizens under the Brexit EUSS (who arrived by 31 December 2020) who are therefore allowed to sponsor some family members, don't give declarations that shows these will not be an undue burden to the UK as they can have public funds under some circumstances. And "Undue Burden" is a term that the EU use when EEA citizens use Free Movement. What public funds these are given and free use of the NHS under the UK's EUSS, is under the Withdrawal Agreement and seems to be based on what the EU said they must be given when the UK allowed Free Movement.euspouse07 wrote: ↑Thu Mar 09, 2023 5:09 amHowever it would be the consequences as the non-eu family members entered as dependents and got BRP issued under the same grounds .
I wonder how the DWP look at the declarations given by the sponsors and the dependents at the initial state where they clearly stated that they would not become the undue burden on the state.
) Pre-Settled Status under the EUSS does not give access to public funds unless certain circumatances are met. What Public Funds Family Members can have, will depend on what status they have, or via what their EU sponsor is doing. If a maintenance undertaking was signed then that is a different matter and would mean that the sponsor was liable to ensure a person didn’t access public funds - for a five year period, that’s not applied to those under the EU settlement scheme. Entitlement to public funds, for which CR001 provided a link which explains what they are, depends on the specific public funds, some have additional residence requirements such as the Habitual Residence Test enacted under social security legislation which creates a requirement for those with pre-settled status under Appendix EU to be exercising what were Treaty rights. That’s not an immigration requirement under the Act unlike those who are subject to immigration control. If you have a question about entitlement to a specific public fund please create a new post about that.euspouse07 wrote: ↑Thu Mar 09, 2023 5:09 amThanks , Amber for spelling out so precisely.
I may be repeating the question as I assume that I couldn’t asked properly.
As you said benefits (including training) are subject to the eligibility set out by the DWP.
However it would be the consequences as the non-eu family members entered as dependents and got BRP issued under the same grounds .
I wonder how the DWP look at the declarations given by the sponsors and the dependents at the initial state where they clearly stated that they would not become the undue burden on the state.
I am fully aware people are accessing the NHS without any hesitation which is also funded by the state but claiming monterary help like child benefit/disability/universal credits may fall into different categories
Please shed some light on this .
Thanks
JB007 I really don’t understand why you are trying to argue with the simple fact that the OP has leave under the EU settlement scheme, therefore, accessing public funds will not adversely affect their future application under the EU settlement scheme. That was the OPs question, nothing about actual eligibility to public finds which is a completely different matter. Public funds are not just benefits. Again, entitlement to specific public funds is a different matter, you are just copy and pasting things without actually answering the OPs question.JB007 wrote: ↑Thu Mar 09, 2023 12:29 pmI've just found this link that might help you understand what Public Funds you can have?
Check if you have the right to reside for benefits
https://www.citizensadvice.org.uk/benef ... -benefits/
Note that Right to Reside for benefits, is not the same as having a Right to Reside to be able to live in the UK. And even if a person has a Right to Reside for benefits, for some benefits you have to have been living in the UK for a certain time before you can claim them.
